MISSOURIMemoMISSOURI MOTOR CARRIERS ASSOCIATION August 2009 • NO. 5

A Powerful Voice • Member Driven • Best In Classmotrucking.org

New MembersNorthland Insurance CompanyP.O. Box 64816Saint Paul, MN 55164Deane Sager651/310-4513

Love’s Travel Shops10601 North PennsylvaniaOklahoma City, OK 73126Melinda Brown405/302-6609

In This Issue 1 Convention Agenda 2 Upcoming Events 4 News from the Industry 7 Governmental and Regulatory News10 News from Around the States and Provinces

President’s Message In lieu of the normal President's Column, we are using the front page of this edition of the Missouri Memo to highlight the Agenda for the upcoming American Heartland Trucking Conference in Branson on September 16-18. We are pleased to be hosting this convention in Missouri and welcome our Kansas colleagues to the Show-Me state! We hope you will join us for what promises to be a great event, with great information to help you weather the storm!

Wednesday Evening – September 163:00 p.m. KMCA Board Meeting

5:00 p.m. Allied Industry Meeting

6:00 p.m. Welcome Reception & Hors d’oeuvres

8:00 p.m. Open Evening

Thursday Morning – September 177:30 a.m. Breakfast Buffet

8:15 a.m. Guest Speaker: Merrie Spaeth – Spaeth Communications Turning Communication Upside Down – “It’s Not What You Say It’s What They Hear”

10:00 a.m. MMCA/KMCA Membership Meetings

11:00 a.m. General Session ~ Duke Naipohn, Sleep Pointe “Managing Obstructive Sleep Apnea in the Transportation Business”

Thursday Afternoon – September 17Noon Luncheon ~ Guest Speaker: Congressman Sam Graves (invited) “Washington Update”

1:30 p.m. General Session ~ Hope Maddox, MO FMCSA & Max Strathman, KS FMCSA “Are you Ready For CSA 2010?”

1:30 p.m. Spouses Program ~ Lake Queen Paddleboat Cruise (1 1/2 hour cruise)

2:30 p.m. Coffee Break

2:45 p.m. General Session ~ Rebecca Brewster, American Transportation Research Institute “The Latest in Trucking Research - A View From the Road” (Featuring I-70 Truck Only Lanes)

6:30 p.m. Annual Chairmen’s Reception

7:00 p.m. Candlelight Banquet ~ Entertainment: Rex Havens, Humorist “Everything I needed to know, I learned from my wife”

Friday Morning – September 188:00 a.m. Buffet Breakfast ~ Speaker: Tommy Hodges, Vice Chairman ATA

10:00 a.m. Golf Tournament ~ Payne Stewart Golf Course ~ Lunch at the Golf Course

MMCA / KMCA2009 Conference

September 16, 17 & 18

Hilton Branson Convention Center

Branson, MO

To Register, go to:www.motrucking.org

Registration Deadline:September 1st

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2009 ATA Management Conference & ExhibitionLeading the Way to Recovery

This fall, ATA will present a strong conference program geared toward delivering the best networking and educational opportunity of the year. From the ATA Annual Golf Tournament on Sunday morning at the beautiful Arroyo Golf Club to the closing banquet on Wednesday evening featuring Grammy Award Winner, Vince Gill, you will be able to take advantage of key management sessions which will provide you with the information you need to anticipate – and manage – the most important issues heading your way. We invite you to attend the premier trucking event of the year which will take place from October 4-7, 2009 at the Mandalay Bay Resort & Casino in Las Vegas, Nevada.

Enlightening Keynote Speakers: “Inside Washington.” It’s a new ballgame in Washington, D.C. – hear the latest from Brit Hume, Senior Political

Analyst “All Eyes on the Economy.” An annual highlight, join FOX Business News anchor Stuart Varney and Bob Costello,

Chief Economist, ATA for up to the minute information on the Economy AND all the informative educational programs you’ve come to expect from ATA covering a wide range of topics from

fuel and fi nancial planning to health and wellness and information technology.

For more information, call 703-838-1755 or visit http://mce.truckline.com. See you in Las Vegas!

Missouri Motor Carriers Association’s 2009 Truck Driving Championship was held on

June 5-6, 2009, at the Doubletree Hotel in St. Louis.

Future Events ~Mark Your Calendar

2009

Aug. 18-22 National Truck Driving Championships, Pittsburgh, PASept. 4 Council of Safety Supervisors Safety Rest Stops - Boonville & Joplin (See page 14)Sept. 16-18 MMCA/KMCA Joint Convention, Branson, MOSept. 17 Free Hazmat Workshop (See page 14)Oct. 12-16 Hours of Service Seminars (Cape, St. Louis, Springfi eld & Kansas City)October Council of Safety Supervisors (Dates to be Scale Inspections announced) St.Louis: contact Marilyn Barnes (636) 528-6131 Kansas City: contact Bill Loftus (816) 453-1414 Joplin: contact Steve Page (417) 624-3814Oct. 27-29 NATMI Certifi ed Driver Training Seminar - KC AreaNov. 1-6 National Truck Driver Appreciation WeekNov. 19 Safety Council Meeting (location TBA)Dec. 10 Safety Council Meeting (location TBA)2010

June 4-5 2010 MMCA Truck Driving Championship, Oasis Inn, Springfi led, MOAug. 3-7 2010 National Truck Driving Championship, Columbus, OH

2009 Truck Driving Championship Missouri Motor Carriers Association THANKS THE SPONSORS!

August 2009 • Missouri Memo 3

HVUT Reminder The due date for the annual fi ling of the federal heavy vehicle use tax – fi led on Internal Revenue Service Form 2290 – is August 31, only a few weeks off. Remember that carriers fi ling for more than 24 vehicles must do so electronically with IRS, and that the Service does not (by law it cannot) provide the software for taxpayers to do this. You must go to a third party vendor to make such an e-fi ling. For an up-to-date list of the vendors IRS has approved for this purpose, go to: http://www.irs.gov/efi le/lists/0,,id=172865,00.html.

Saved by the Belt! Do you have a driver whose life was saved or injuries signifi cantly reduced because they were wearing a safety belt at the time of a crash? The Commercial Vehicle Safety Alliance (CVSA) would like to recognize them! If your driver meets the goal of the program, they may be recognized at the CVSA Annual Conference in Baltimore, MD. Please submit your nomination by August 15, 2009.Goal of program • To emphasize safety belt use by Commercial Motor Vehicle Driver (CMVD). • To use the CMVD as a role model for safety belt use. • To increase public awareness on the benefi ts of safety belt use.Qualifi cations Persons must meet all of the following criteria to be eligible for receiving the award: • Any CMVD involved in a motor vehicle crash whose lives were saved or injuries signifi cantly reduced because of the use of a safety belt. • The crash occurred within twelve (12) months of nomination. • Nominee must be using a safety belt in the proper manner. • Nominee may not be the driver of the "at-fault" vehicle.Nominating Process The reporting person must submit a completed nomination form and a brief narrative of the crash. The appropriate accident or incident report and other supporting documents should be submitted. Indicate why the nominee should be considered for the CMVD Saved by the Belt Award. The completed form must be signed by the nominating person and company offi cial. The nominating person can be: • Any law enforcement offi cer who investigates, or reviews the investigation of, a crash meeting the stated criteria; • CMVD; • CMVD company representative; or, • Any member of the public. For more information, please visit http://www.cvsa.org/programs/saved_bell.aspx. ▲

Number of Traffi c Fatalities Down Signifi cantly in 2008

The National Highway Traffi c Safety Administration has released its 2008 report on highway fatalities. Overall the number of people killed in motor vehicle crashes in the United States decreased 9.7 percent, down from 41,259 in 2007 to 37,261 in 2008. The number of total highway fatalities is at the lowest level since 1961. Larger reductions were reported in truck related accidents. There was a 12 percent reduction in fatal crashes involving large trucks (4,822 in 2007 to 4,229 in 2008), which is the lowest level since the U.S. Department of Transportation began keeping crash statistics in 1975. The number of truck occupant deaths showed even more improvement, down from 805 in 2007 to 677 in 2008 - a percentage drop of 16 percent.▲

New Roadside Survey Shows Steady Decline in Alcohol Levels A roadside survey released July 13 by the National Highway Traffi c Safety Administration (NHTSA) confi rms a continuing decline in the percentage of legally intoxicated drivers. In 1973, 7.5 percent of drivers had a blood alcohol concentration (BAC) of .08 or higher. In the latest survey, that fi gure had fallen to 2.2 percent. A BAC of .08 or higher is now above the legal limit in all 50 states and the District of Columbia. Previous roadside surveys conducted by NHTSA have measured only alcohol. But the 2007 survey used new screening techniques that detected other substances as well and in the future may help show the extent of drug impairment among drivers. The survey found 16.3 percent of nighttime weekend drivers were drug positive. The survey focused on weekend nighttime drivers and found that the drugs used most commonly by drivers were: marijuana (8.6 percent); cocaine (3.9 percent); and over-the-counter and prescription drugs (3.9 percent). NHTSA is conducting further research to assess how drug traces correspond to driver impairment since some drugs can remain in the body for days or even weeks. Should further research indicate that drugs pose the same type of traffi c safety risk as alcohol, NHTSA is committed to applying lessons learned in fi ghting the drunk driving problem. Among the fi ndings of the latest roadside survey are:• The percentage of male drivers with illegal BAC levels was 42 percent higher than the percentage of alcohol-impaired female drivers. • Drivers were more likely to be illegally drunk during late nighttime hours (1 a.m. to 3 a.m.) than during daytime or early evening hours. • Motorcycle riders were more than twice as likely as passenger vehicle drivers to be drunk (5.6 percent compared with 2.3 percent). Pickup truck drivers were the next most likely to have illegal BACs (3.3 percent). ▲

FROM THE INDUSTRY

Member Cancellations July 2009Name of Company Class Dues

Archway Kitchen & Bath Inc. Private $300.00

Bowersox Insurance Agency Allied $200.00

Imperial Supplies Allied $350.00

Martin Rider For Hire $300.00

Ramsey Krug Farrett & Lensing Allied $200.00

R S M McGladrey Allied $300.00

Septagon Construction Allied $300.00

Tucker Capital Allied $300.00

Weller Truck Parts Allied $350.00

Xtra Lease Allied $300.00

MISSOURIMemo motrucking.org

The newsletter for the Missouri Motor Carriers Association is published monthly. All rights reserved. Reproduction in any manner, without MMCA permission is prohibited.

Tom Crawford, President and CEOPO Box 1247102 E High StreetJefferson City, MO 65102573-634-3388mmca@motrucking.org

ATA Warns FMCSA to Follow Its Own Rules In a letter to Acting Deputy Administrator of the Federal Motor Carrier Safety Administration (FMCSA) Rose McMurray, ATA expressed concerns with a recent agency policy statement regarding its personnel’s adherence to the requirements of the Field Operations Training Manual (FOTM). In a May 26 Notice, FMCSA declared that it did not deem failure by one of its agents to follow FOTM procedures as providing “a defense to penalties or violations assessed against drivers or motor carriers.” 74 Fed. Reg. 24897. ATA pointed out to FMCSA that such a position is “at odds with settled administrative law principles, which clearly require an agency to follow its own regulations and procedures.” ATA further explained that when a “deviation from an agency’s own regulations and procedures intrudes upon the rights and settled expectations of a member of the regulated industry, any enforcement action that proceeds from the deviant behavior of the agency enforcement staff can be challenged as arbitrary and capricious under the Administrative Procedures Act.” ATA concluded that FMCSA cannot “confer on itself a blanket immunity from settled legal principles” and warned the agency that “ATA stands ready to assist its members in ensuring that motor carrier safety standards are enforced fairly and in accordance with the rule of law.” ▲

CVSA 2009 Roadcheck Results from the Commercial Vehicle Safety Alliance’s (CVSA) 2009 Roadcheck show a signifi cant increase in the number of commercial drivers and vehicles that passed roadside inspections. During June 2-4, 2009 a record total of 72,782 truck and bus inspections were performed. Of this total, CVSA and FMCSA personnel performed 57,013 North American Standard (NAS) Level I inspections, the most comprehensive roadside inspection. The 96.1% for drivers and 77.8 % for vehicles mark the highest compliance rates ever for the NAS Level I inspections. These compliance rates reveal improvements of 20.4% and 7.1% respectively over last year’s Roadcheck. Figures also show that the number of CMV drivers wearing safety belts improved by more than 22% over last year. This further supports the recent FMCSA announcement that safety belt use by these drivers is at an all time high. ▲

Appeals Court Upholds Independent Contractor Status On April 21, the United States Court of Appeals for the District of Columbia Circuit ruled that package delivery drivers for FedEx Home are independent contractors and not employees. The ruling overturns a National Labor Relations Board decision that found the drivers to be employees and imposed sanctions on FedEx for refusal to bargain with the Teamsters union, which was seeking to represent them. The decision’s legal analysis contains several determinations that will be helpful to the trucking industry in its broader defense of independence contractor status. The Court began by noting that the common-law agency test was the controlling legal standard and then focused on a variety of factors related to whether the contractor had entrepreneurial opportunities for gain or loss. Included in this analysis was whether the drivers could hire their own employees and whether they could decide their own work schedules. The Court also rejected as not relevant to the classifi cation inquiry factors often relied upon by those arguing for employee status, such as wearing a uniform (done for security reasons, not employer control); exercises of control because of government regulation (“the company is not controlling the driver, the law is”); and providing contractor incentives (incentives designed to make sure contractors meet company standards are “fully consistent with an independent contractor relationship”). Lastly, the Court rejected the idea that a person that performs a job that is “a regular and essential part” of the prime contractor’s business must be an employee. The Court explained that if that was the case, companies like FedEx could never hire delivery drivers who are independent contractors. ATA joined the U.S. Chamber of Commerce in an amicus brief in the case.▲

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FROM THE INDUSTRY

FMCSA Reviewing Plan from UCR on Fee Hikes The Federal Motor Carrier Safety Administration said it is reviewing a proposal to more than double existing truck registration fees, but industry offi cials said they doubted the eventual fees would be close to the proposed increases. Earlier this year, the board that oversees the Unifi ed Carrier Registration Agreement proposed increasing the UCR registration fee, used by states to fund safety and enforcement programs, by as much as $45,000 per fl eet. In May, FMSCA returned that proposal to the board, but after two months of deliberation, the board last week told Transportation Secretary Ray LaHood it couldn’t agree on a new fee schedule. Spokeswoman Candice Tolliver told Transport Topics that FMCSA was “aware” of the board’s July 15 letter about the fees and that the proposal was “currently under review within the agency.” Bob Pitcher, American Trucking Associations vice president of state laws and vice chairman of the UCR board, told TT he expects FMCSA to issue a new fee schedule later this year and that it wouldn’t match up with the board’s recommendation. The UCR board’s proposal bases the registration cost on the size of the company. It would raise the charge for a company with one truck to $83 from $39, and push the fee for the largest fl eets of more than 1,000 trucks to nearly $83,000 from $37,500. “Without a doubt, and everyone acknowledges this, that the fees have to go up signifi cantly based upon the fact that the trailers have been legislated out of the program,” according to Bill Leonard, director of the New York State Department of Transportation’s motor-carrier compliance bureau. He added that because of the trailer change, fees would have to go up a minimum of 60%. Pitcher said that even if FMCSA moves forward with a fee structure there was “no chance at all” that the fees would be in place before the end of the year.▲

~ Transport Topics

FMCSA Soliciting Applications for Physicians for Medical Review Board

On July 16, 2009, the Federal Motor Carrier Safety Administration (FMCSA) published a Federal Register notice soliciting applications from physicians to serve as members of its Medical Review Board (MRB). In 2010, the DOT Secretary will appoint three new members to the MRB to fi ll vacancies when three current members’ terms expire. The MRB promotes safety by providing medical expertise on the medical qualifi cation of CMV drivers. It assesses and provides recommendations to FMCSA about regulations that may need to be changed or updated. It does not, however, have regulatory development responsibilities, manage programs or make decisions affecting such programs. FMCSA is seeking physicians with diverse professional backgrounds taking into consideration gender, ethnicity, demographic and socioeconomic factors. Eligibility requirements include: 1) U.S. citizenship 2) no current federal employment 3) a U.S. medical license in good standing from the state of licensure and 4) ability to attend three to four in-person meetings a year and dedicate approximately 5 hours a month on consultative conference calls. ATA member motor carriers that work with outstanding DOT physicians are encouraged to inform them of this opportunity. ATA is interested in supporting candidates recommended by its membership. The deadline for applications is August 17, 2009. If you have recommendations for physicians, contact the Association offi ce.▲

August 2009 • Missouri Memo 5

FMCSA Refund Duplicate Charges on Motor Carrier Operating Authority

Historically, FMCSA has charged a fee of $300 for each common carrier operating authority and $300 for each contract carrier operating authority. On January 1, 2007, that authority ended with the passage of the SAFETY-LU Act by Congress. The act changed the requirements that would not allow FMCSA to register a motor carrier as a common or contract motor carrier but the agency will register the applicant as a motor carrier. Technical issues with the application processing system delayed the implementation of this change. As a result, motor carriers that applied for both common and contract carrier operating authority were charged the $300 fee for each authority requested. FMCSA is issuing refunds to each motor carrier affected by this overpayment and has sent a letter indicating that forms will be sent for the motor carrier to apply for a refund. If you applied for operating authority after January 1, 2007, and were charged for each authority granted and have not received a refund form, please contact FMCSA’s Transportation Specialists Denise Ryan at 202-493-0242 or Odessa Davis at 202-493-0337 or Transportation Assistant Conchita Little at 202-366-0356.▲

DOT Reinstates Direct Observation Rules for Some Drug Tests

On July 30, 2009 the U.S. Department of Transportation (DOT) published a notice in the Federal Register reinstating the requirement for direct observation collections for all return-to-duty and follow-up controlled substances tests. This provision was stayed by the U.S. Court of Appeals for the D.C. Circuit Nov. 1, 2008, but that stay was lifted on July 1, 2009. The Federal Register notice advises the direct observation rules will become effective on Aug. 31, 2009.▲

Missouri DNR Announces Air Pollution Control Program DNR was recently awarded $1.73 million to implement a clean diesel project in Missouri. The Project will target the Kansas City, St. Louis, Springfi eld/Southwest Missouri and Southeast Missouri areas. Applications are expected to be released to the eligible areas shortly and applicants will have 60 days to fi ll them out and submit them to the department. A lottery drawing will be held approximately one month later. The projects must start within three months after the award is announced and fi nished approximately 6 months after the award is announced. Both public and private fl eets are allowed to apply although private fl eets will have more stringent matching requirements. Eligible project vehicles/equipment include but are not limited to the following categories that are run by diesel engines: school buses, transit buses, fi re trucks, medium and heavy duty trucks, trash trucks, construction equipment, agriculture equipment, locomotives, marine engines, stationary diesel engines (energy production), mining equipment, and cargo/handling equipment. Eligible projects include; emission control retrofi ts, idle reduction/smartway equipment, fuel conversion kits and engine repowers, and early vehicle replacements.

For more information regarding your area please contact:

St. Louis Regional Clean Cities (St. Louis area): Kevin Herdler kevin@stlcleancities.org Phone #: 314-822-5831

Mid-America Regional Council (Kansas City area): Amanda Graor agraor@MARC.org Phone #: 816-701-8333

Ozark Center for Sustainable Solutions at Drury University (SW MO area): Doug Neidigh dneidigh@drury.edu Phone #: 417-873-7641

Southeast Missouri Regional Planning & Economic Development Commission (SE MO area): Chauncy Buchheit Or David Grimes cbuchheit@semorpc.org dgrimes@semorpc.org Phone #: 573-547-8357 Phone #: 573-547-8357

ATA Participates in Staff Briefi ng on Public Private Partnerships

ATA teamed up with an unlikely ally, the U.S. Public Interest Research Group, to brief key Congressional committee staff on the pitfalls of highway public private partnerships (PPPs). ATA Senior Vice President Tim Lynch participated in a panel discussion that included staff from the House Transportation and Infrastructure Committee, House Ways and Means Committee, Senate Finance Committee, Senate Environment and Public Works Committee, and other Congressional offi ces to explain the trucking industry’s opposition to the sale or lease of existing highway assets to private investors. Lynch explained that in Indiana, three years after fi nancial closure with the private investor group Macquarie-Cintra, toll rates for a 5-axle truck have increased 120 percent from $14.55 to $32.00. Lynch also cited non-compete clauses, the length of the lease (75 to 99 years) and the failure to invest proceeds back into highways as the primary reasons why ATA opposes PPP deals on existing highway assets.▲

FROM THE INDUSTRY

St. Louis Transportation Worker Identifi cation Credential Center RelocatedThe TWIC enrollment center for the Ports list below will be relocated to a new facility. All scheduled appointments and walk-ins will be processed at the address of the new facility listed below after the relocation date.

ST. LOUIS, MO - The TWIC Enrollment Center will relocate to a new facility on 8/26/09

Distance from the current facility

St. Louis is 2.9 miles from the current location at 1635 W 1st Street, Suite 153, Granite City, IL 62040-1858. Address of new St. Louis TWIC Enrollment Center: 2930 Madison Ave., Granite City, IL 62040-3615

Truck Parking

St. Louis - There is parking for one truck at a time on the street in front of the Enrollment Center. If at all possible, please drive a standard vehicle to this location.

For additional information and updates on the TWIC program and on the TWIC Enrollment Center, please visit http://twicinformation.tsa.dhs.gov.

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GOVERNMENTAL AND REGULATORY

U.S. Tax Court Rules LLP, LLC Losses Deductible The U.S. Tax Court has held that individual members of a limited liability partnership or limited liability corporation are not barred from offsetting losses from those entities against their personal income from other sources. The case involved a Nebraska couple engaged through various LLPs and LLCs in farming operations, but there is nothing in the court’s opinion that limits its holding to such operations. The IRS had for years taken the position that losses from LLPs and LLCs could not offset personal income, but could only be carried over to another tax year – in effect often making the losses useless for tax purposes. IRS based its stance on regulations it had issued in 1988 under Internal Revenue Code §469(h)(2). Section 469 generally bars the deduction of losses from passive investments, and (h)(2) presumptively bars them for losses by virtue of an “interest in a limited partnership as a limited partner.” The regs made it diffi cult to overcome this presumption, and IRS contended that the regs applied to partners in LLCs and LLPs. The court pointed out that both the Code section and the IRS regs had gone into effect before LLPs and LLCs were available in all but a very few states. Most importantly, it said, while a limited partner in a traditional limited partnership loses his limited liability by engaging in control of the partnership, this is specifi cally not true of a member of either an LLP or LLC. It concluded, therefore, that such a member is not, in the words of the statute, a member of “a limited partnership as a limited partner.” The court refused, in other words, to equate limited liability with passive investment, and referred to IRS’s equation in its regs of LLPs and LLCs to traditional limited partnerships as “a fi ction.” Further proceedings in the case will determine whether the taxpayers were active enough in the LLPs and LLCs to allow the deductions they claimed. Garnett v. Commissioner of Internal Revenue, docket no. 9898-06, decided June 30, 2009.▲

~ The State Laws Newsletter

$20 Billion Needed to Rescue Highway Trust Fund

Transportation Secretary Ray LaHood said during testimony before the U.S. Senate's Committee on Environment and Public Works on June 25, that the federal Highway Trust Fund (HTF) will face a cash shortfall by August, and will need an infusion of $20 billion to carry it through March 2011. Simply preserving the HTF's solvency through the current fi scal year - which ends Sept. 30 - will require $5 billion to $7 billion, LaHood stated. Jack Basso of the American Association of Highway and Transportation Offi cials, which represents state Departments of Transportation, said that federal transportation funding to the states would be reduced by 86 percent in FY 2010 without a cash infusion. LaHood said that the Administration supports tying a HTF rescue plan to what amounts to an 18-month surface transportation bill authorization. Unlike a simple extension, the proposal the Administration supports would include major policy changes. Some of these changes, according to LaHood's testimony, would include new programs to support urban mobility and promote "livability." He emphasized that the Administration opposes a fuel tax increase during the current recession. Democratic and Republican leaders of the House Transportation and Infrastructure Committee adamantly oppose the long-term delay of a full authorization bill, while Senate transportation committee leaders have expressed support for LaHood's approach. LaHood also outlined the Administration's priorities for a long-term highway bill. He said funding should be fl exible in terms of which modes are funded, and investment should be tied to performance measures and cost-benefi t analyses. The bill should ensure that systems are brought to a state of good repair, greenhouse gases are reduced, and transportation, housing and land use decisions are geared toward making communities more livable. LaHood also said the Administration supports policies designed to shift freight from trucks to "energy-effi cient means such as rail and water..."▲

Congress Considers Tax Credit for APUs The U.S. House of Representatives is considering a bill, H.R. 3383, which provides tax credits for the purchase of idling reduction systems for diesel-powered on-highway vehicles. Known as the “Idle Reduction Tax Act of 2009,” the bill proposes a 50% tax credit, up to $3,000 for each truck for which an idling reduction device is purchased. The equipment is designed to replace the main engine’s support of essential truck functions, including heating or air conditioning, when the truck is parked. The credit would be available to all trucking companies and make the purchase of idle reduction systems more affordable. The EPA estimated that on-board idle reduction technologies, which include auxiliary power units, direct-fi red heaters and battery-powered climate control systems, reduce idle-related fuel consumption by at least 80%. The bill has been referred to the House Ways and Means Committee. You are urged to contact your representative and ask them to support this legislation.

August 2009 • Missouri Memo 7

To contact your representative:

District 1: William Lacy Clay Phone: (202) 225-2406 District 2: Todd Akin Phone: (202) 225-2561 District 3: Russ Carnahan Phone: (202) 225-2671 District 4: Ike Skelton Phone: (202) 225-2876 District 5: Emanuel Cleaver Phone: (202) 225-4535 District 6: Sam Graves Phone: (202) 225-7041 District 7: Roy Blunt Phone: (202) 225-6536 District 8: JoAnn Emerson Phone: (202) 225-4404 District 9: Blaine Luetkemeyer Phone: (202) 225-2956 ▲

GOVERNMENTAL AND REGULATORY

Oberstar Outlines Major Transportation Bill

Among the provisions of a $500 billion transportation spending proposal unveiled during a Capitol Hill news conference on June 18 were mandatory electronic on-board recorders to ensure compliance with hours-of-service rules on all commercial trucks and the establishment of a national clearinghouse for drug and alcohol tests, which employers could check before hiring a driver. The announcement came from House Transportation and Infrastructure Committee Chairman James L. Oberstar (D-Minn.) and Ranking Member John A. Mica (R-Fla.). They were joined by Subcommittee on Highways and Transit Chairman Peter A. DeFazio (D-Ore.) and Ranking Member John J. Duncan, Jr. (R-Tenn.). The Committee's "Big Four" released a 100-page report outlining the policy and procedural reforms to be included in the surface transportation bill being drafted "to deliver investment and reform to our nation’s transportation system." Oberstar said he plans to move ahead with the bill despite a statement from the Obama Administration that it wants to delay the new authorization by 18 months. "Delay is unacceptable. Delay casts uncertainty on the program. If we delay the new authorization, states will hold back on new projects, and that will cost jobs," Oberstar said. "We are not in the business of delay. It is time to move ahead."▲

EPA Proposes a Mandatory Report of Greenhouse Gas On June 9, ATA submitted comments to the Environmental Protection Agency (EPA) on its Mandatory Reporting of Greenhouse Gases Proposed Rule. In those comments, ATA requested trucking fl eets not be mandated to report their greenhouse gas (GHG) emissions to the agency. While the Proposed Rule is not seeking mandatory reporting requirements for mobile source fl eet operators at this time, the agency is soliciting comments on the need for, and substance of, potential reporting requirements. The Proposed Rule does recommend requiring manufacturers of highway heavy-duty vehicles (chassis-certifi ed) and highway heavy-duty engines to undertake specifi c mandatory GHG reporting. In its comments, ATA further stated that mandatory reporting requirements for mobile source fl eet operators are not necessary at this time due to the voluminous information already available to the agency under EPA’s SmartWaySM program, the EPA Climate Leaders program, and the Federal Highway Administration’s annual statistics reporting requirements. In addition, the trucking industry urged the agency not to include requirements for third-party verifi cation under the Proposed Rule, but instead rely upon the ample enforcement authorities available to the agency and/or consider the use of self-certifi cation with random EPA audits for data verifi cation.▲

Card Check Provision Dropped From Senate Labor Bill On the front page of today’s The New York Times, an article titled “Democrats Drop Key Part of Bill to Assist Unions” declares that Senate Democrats have abandoned the card check provision in the Employee Free Choice Act (EFCA). Due to the intense lobbying efforts of the business community, the Senate has come to the realization that they cannot secure a fi libuster-proof 60 votes with any unionization bill that contains card check. While the labor bill no longer contains the card check provision, ATA still opposes EFCA because pro-labor Senators continue to look for a compromise that they can pass this year. It is important to continue voicing your opposition to your Senators. According to the Times article, the Senate is now focused on creating a pro-union bill centered on the following ideas: 1. Expedited Elections - a secret ballot election would have to occur within 5 to 10 days after 30 percent of the workforce signs union cards. 2. Worksite Access - professional union organizers would be given access to the work place for the purpose of organizing workers. 3. Workers could not be required to attend anti-union presentations by the employer. The article did not mention binding interest arbitration or mail-in ballots, so it remains unclear as to whether those are still in the mix. Both Sens. Blanche Lincoln (D-Ark.) and Ben Nelson (D-Neb.) have expressed opposition to binding interest arbitration. As of now, the Senate has yet to introduce a new labor bill, and The New York Times states that many details must still be worked out. However, this could come as an amendment to another bill and we will continue to monitor the situation and keep you informed on any new developments. ▲

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API Places Climate Bill Household Costs at $3,300 Annually The American Clean Energy and Security Act of 2009 (H.R. 2454) will cost average households about $3,300 annually by 2020 if implemented according to by the American Petroleum Institute (API). Long-haul truck drivers also face signifi cant increases as API expects an additional $5,280 to $17,667 in additional costs each year, depending on how the emissions allowances are established for drivers. ▲

GOVERNMENTAL AND REGULATORY

Bill Would Push States To Ban Texting While Driving On July 29, Senators Chuck Schumer (D-N.Y.), Robert Menendez (D-N.J.), Mary Landrieu (D-La.), and Kay Hagan (D-N.C.), introduced legislation titled “Avoiding Life-Endangering and Reckless Texting (ALERT) by Drivers Act of 2009.” The bill requires all states to within the next two years ban writing, sending or reading text messages using a hand-held mobile telephone or other portable electronic communication device. The introduction of legislation to ban the sending and receiving of text messages came on the heels of a study, released July 27, by the Virginia Tech Transportation Institute that found that drivers who send and receive text messages while driving increase their risk of a crash by more than 20 percent. ATA’s safety agenda, released in October 2008, recommended that drivers and motor carriers consider policies that would minimize or eliminate driver distraction caused by the increased use of electronic technologies during the operation of all types of motor vehicles. While ATA discourages the use of electronic devices like cellular phones while operating a motor vehicle, we are still researching the legislation to determine whether it may contain any unintended consequences.▲

Participation in Financial and Operating Statistics Survey

You are probably familiar with the U.S. Department of Transportation (DOT) regulation that requires carriers to complete the annual Form M report on fi nancial and operating statistics. Since 2005, however, DOT has not distributed the data to the public at large without an expensive Freedom of Information Act (FOIA) request. The ATA began collecting this data in 2008 independent of the DOT since it is used extensively to represent the industry on Capitol Hill, in court cases, and with the federal agencies. This data is not only critical to the trucking industry, but is equally important to motor carriers to benchmark against, especially during these turbulent times.

MMCA for-hire carrier members are invited to participate in the ATA Financial and Operating Statistics Survey, which is similar to the DOT’s Form M, so that MMCA and ATA can once again have access to this vital data as we represent the industry.

By participating, the carriers will receive a complimentary copy of the aggregate results, ATA’s Motor Carrier Annual Reports, which can be used for benchmarking purposes. Furthermore, unlike the previous DOT data, company data will not be published individually.

If you have any questions, please contact ATA’s Economics Department at econdept@trucking.orgor (703) 838-1799 or ATA’s contractor on this project, Martin Labbe Associates, at (386) 672-4413.

How For-Hire Carriers can Register Online

Go to www.trucksurveys.com and select “Click Here to Register for Current MCAR Survey.”

The registration process asks for both the name and email address of the person completing the MCAR survey online, as well as the person designated to receive the fi nal report.

After the carrier registers online, they will receive an email with their unique login and password and an internet link to gain access to the MCAR survey online.

August 2009 • Missouri Memo 9

Idle reduction devices eligible for excise tax exemption

The American Trucking Associations (ATA) advises that the U.S. Environmental Protection Agency has now offi cially listed the idling reduction devices eligible for an exemption from the 12 percent federal excise tax on their purchase. ATA was successful in securing this tax exemption under the Energy Improvement and Extension Act of 2008. The law, effective October 4, 2008, applies to sales and installations of idling reduction devices, but does exclude certain devices and advanced insulation, so check the EPA list before fi ling your federal excise tax return. You need to ensure that any devices installed conform to 49 Part 393.28, 393.30 and SubPart E of Part 393. These requirements dictate the specifi cations of wiring and fuel systems for this equipment. For additional information regarding the tax exempt status of these idling reduction devices, please refer to the instructions for Form 720, Quarterly Federal Excise Tax Return, found at www.irs.gov, or contact Stephanie Bland or Celia Gabrysh at the IRS, 202-622-3130.▲

Ohio State Senate Introduces Seat Belt Bill S.B. 84, a new bill introduced in the Ohio State Senate, would “require all buses purchased, leased, rented, or chartered by universities and colleges to transport students or employees to be equipped with occupant restraining devices for all passengers.” The bill defi nes “occupant restraining devices” in the context of requiring them for “every passenger seating position,” meaning safety belts. The bill would further require retrofi tting of existing buses used for such purposes with safety belts within a three-year period following passage of the legislation. The bill was introduced by Sen. Wagoner and co-sponsored by Sens. Faber, Hughes and Morano. ABA government affairs and policy staff will continue to closely monitor the situation and work as the industry voice in advocating science driven safety.▲

West Virginia Hikes Tolls on State Turnpike The West Virginia Parkways Economic Development and Tourism Authority has increased tolls on the West Virginia Turnpike, the fi rst toll hike in 28 years. Rates for all classes of commercial vehicles and passenger vehicles were boosted. For example, a fi ve-axle tractor-trailer now has to pay $6.75, versus $4.25 before. Those with an E-ZPass commercial account will be charged $5.40, while those with a non-state E-ZPass will pay $5.87.▲

Colorado DOT Closes Rest Areas The Colorado Department of Transportation (CDOT) recently closed the north- and southbound rest areas between Denver and Colorado Springs off Interstate 25 near Larkspur, citing the rest areas’ need for extensive renovations and state budget constraints. There is a tentative agreement to reopen these areas during chain season. Since the closures, passenger and commercial vehicle drivers have been cited for illegally pulling off the road where there are no services available. Law enforcement will be increased in these areas. CDOT is planning additional signage to direct motorists to open rest areas between mile markers 168 and 172. The Colorado Motor Carriers Association is working with CDOT to fi nd a developer and examine the potential for a truck stop location near the recently closed rest areas. In the meantime, there is a truck stop and weigh station in Monument and a rest area in Castle Rock, both of which are open to drivers.▲

Kansas Property Tax The Kansas Department of Revenue, according to a recording on their customer service line, sent property tax forms to every single motor carrier in the UCRA database with instructions to calculate taxes owed if a carrier operates in Kansas, and instructions to send the form back even if a carrier doesn’t operate there. Kansas does collect a property tax on carriers operating in the state.▲

FROM AROUND THE STATES AND PROVINCES

California Delays Transport Refrigeration Unit Reg Through the efforts of the California Trucking Association, the California Air Resources Board (CARB) has announced a delay in the enforcement of the in-use emissions requirements for 2001 and older transport refrigeration units (TRU). Initial enforcement of the in-use TRU requirements is now scheduled to begin in January 2010 for TRUs that are model-year 2002 and older. The registration and reporting deadline for California-based TRUs has also been extended to July 31. All TRUs regularly assigned to terminals within California must be registered or could be subject to monetary penalties beginning in August 2009. This delay is expected to allow the D.C. Circuit Court of Appeals to rule on ATA’s appeal of the TRU regulation prior to enforcement. ATA’s appeal involves a challenge to a U.S. Environmental Protection Agency decision to grant California a waiver from federal pre-emption and thereby gave the state the authority necessary to enforce the TRU regulation. A decision is expected to be issued by the Court within several weeks of the September argument.▲

New Jersey Tax Amnesty New Jersey will be conducting a general tax amnesty from May 4 – June 15, 2009, for all state tax liabilities due from January 2002 through January 2009. Delinquents who fi le tax returns covering such liabilities, pay all the tax owed and half the interest before the end of the amnesty will have all penalties, state referral fees, and half of the interest waived. Following the amnesty, additional penalties will go into effect on delinquencies not paid. This may be of interest to motor carriers who have been singled out if they are not registered to pay the state’s corporate income tax.▲

Ontario and Quebec Began Issuing Speed-Limiter Fines On July 1, the Canadian provinces of Ontario and Quebec began issuing fi nes to drivers of 1995 and later-model trucks grossing at least 26,000 pounds that lack a computerized speed limiter activated at or below the maximum of 105 kilometers per hour (65 mph). The law also applies to trucks traveling through the provinces from the U.S. and the rest of Canada. The minimum fi ne for not activating the speed limiter will be $250 in Ontario and $350 in Quebec. The law took effect January 1 of this year, but provinces started with a six-month grace period to educate truckers and the public.▲

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FROM AROUND THE STATES AND PROVINCES

California, Maine and Wisconsin Announce Furlough Days Affecting Permits

In response to economic woes, states continue to introduce cost-savings initiatives that reduce availability of services. The latest to announce furlough days are Maine and Wisconsin. California has extended and expanded its furlough program, which originally was expected to end July 30. California—The state Department of Transportation will be closed on designated Fridays, with the number of furlough days increasing from two to three days per month. This month, furlough days will be July 10, 17 and 24. Beginning in August, the furlough days will be the fi rst, second and third Fridays of each month with the exception of January 2010, when they will fall on 8, 15 and 22. For the next 11 months, the Department anticipates up to one business day delay in the processing of single-trip permits because of these closures and further reductions in staff levels. Maine—Government agencies and offi ces, including oversize/overweight permit offi ces, will be closed on Friday, August 7, 2009; Friday, September 4, 2009; Friday, October 9, 2009; Thursday, December 24, 2009; Friday, January 15, 2010; Tuesday, February 16, 2010; Friday, March 12, 2010; Tuesday, April 20, 2010; and May 28, 2010. Wisconsin—The state Oversize/Overweight Permit Offi ce has announced furlough dates through May 2011. Furlough dates for 2009-2010 include Friday, September 4, 2009; Monday, October 12, 2009; Friday, November 27, 2009; Friday, January 15, 2010; Monday, February 15, 2010 Friday, April 2, 2010; Friday, May 28, 2010; Friday, July 2, 2010; Friday, September 3, 2010; Monday, October 11, 2010; and Friday, November 26, 2010.▲

Oklahoma to Raise Tolls 16% in August

Tolls on Oklahoma’s turnpikes will increase by 16% beginning Aug. 4, the Associated Press reported. The increase will bring in about $21 million a year to the state’s Turnpike Authority, which had previously reported a budget shortfall of that amount, the Oklahoman newspaper reported. The authority approved the increase last week, the Oklahoman said. Tolls are the only source of revenue for the Turnpike Authority, which operates 10 turnpikes throughout the state.▲

~ Transport Topics

New York Certifi cates of Registration

The New York State Department of Taxation & Finance announced that as of June 1, the state will be issuing its twentieth series of certifi cates of registration for the New York highway use (weight-distance) tax. The current (nineteenth) series credentials will be good through this coming November. Motor carriers must have a certifi cate of registration for the tax on fi le for each vehicle subject to the HUT, but carriers need not carry any credential in their vehicles, and the state will not issue HUT stickers.▲

Tolls for 400 Miles of Interstate 80

Earlier this week, the Wyoming Department of Transportation (WYDOT) conducted two open-house public meetings in Casper and Gillette to address the concept of instituting a toll on 400 miles of Interstate 80 in the state. Five similar events were conducted last month in communities (Cheyenne, Laramie, Rawlins, Rock Springs and Evanston) along the I-80 corridor. WYDOT offi cials noted there is no plan or proposal for tolling. “It is simply one of a number of possible ways that legislators can consider as a means of addressing the growing needs of maintaining I-80 into the future,” said Pat Collins, a WYDOT engineer. During the next three decades, I-80 traffi c is expected to more than double from the current average of 13,000 vehicles per day. Large truck traffi c, which now makes up about half of I-80 usage, is expected to increase at a faster pace than passenger vehicle traffi c. Meanwhile, estimates show WYDOT will need $6.4 billion, after adjusting for infl ation, during that time frame to simply maintain I-80 in its present condition, exclusive of adding capacity to meet traffi c growth. The cost estimate exceeds the total of revenue expected to be available for maintenance of the entire state highway system, much less I-80. Study on the concept of tolling on I-80 began last year following authorization by the Legislature’s Joint Transportation, Highways and Military Affairs Interim Committee. ▲

August 2009 • Missouri Memo 11

North Dakota Tax Department Set to Administer Refund of Reefer Fuel Beginning July 1, 2009, purchases of clear fuel used in a refrigeration unit, with a separate supply tank from the power unit, will be eligible for a refund of $.10 per gallon. This is the difference between the clear fuel rate of $.23 per gallon and the $.04 per gallon rate for dyed fuel. As with other refund programs administered by the department, it will require the completion of a basic refund application form accompanied by the proper documentation. Although the tax department has not released the form they will be using for this program, the format and documentation requirements will be consistent with that used for agricultural and industrial purchases that qualify for refunds. Proper documentation will be a key element to making the process smooth. Communicating with drivers on what documentation and types of documentation necessary to recoup the tax paid will be especially important. The tax department will require original receipts, carbon copies of receipts, or a certifi ed listing of purchases. Photo copies will not be accepted. On the receipt or invoice the petroleum marketer must differentiate by line item the purchase as reefer fuel. Both fuel for the power unit and the reefer unit may be on the same receipt but must have a separate line item that designates reefer fuel. Applications for a refund must be submitted between January 1 and June 30 for purchases in the preceding calendar year. If the amount of the refund exceeds $400, an application can be submitted at any time during the year. Application forms will be available at www.nd.gov/tax/fuel. For telephone assistance contact the North Dakota Tax Commissioner’s Offi ce at (701) 328-3382.▲

FROM AROUND THE STATES AND PROVINCES

Oregon Passes Legislation to Raise Gas & Diesel Taxes Oregon passed a bill (H.B. 2001), which Governor Kulongoski is expected to sign, which among other things raises the rate of state gas and diesel taxes by 25 percent. Motor carriers aren’t subject to the diesel tax in Oregon, but pay a weight-distance tax instead. However, the rate of this tax, the highest by far of any highway user tax in the country (apart from some tolls) is tied to the fuel tax rate, so it too will rise by 25 percent, to more than 16 cents a mile for a vehicle at 80,000 pounds. Car and truck registration fees will also rise. The Oregon Trucking Association was able to support this large increase because of certain other features in the package. First, the increase in the weight-distance tax is postponed until October 2010. Second, the bill provides for almost $1 billion of transportation projects around the state, selected from a list prepared by the trucking industry. Finally, new and increased local transportation taxes in Oregon are subjected to a four-year moratorium and restrictions that continue after that.▲

Some States Raising Taxes

A report by the Center on Budget & Policy Priorities (CBPP) says that 30 states have raised taxes during this year’s legislative sessions, and that other states, whose sessions are not yet over, are considering increases. But there is both less here, and more, than meets the eye. The CBPP is a liberal institution, and favors bigger government funded by progressive taxation. If you look harder at its report, it seems likely that only some ten states have raised taxes signifi cantly this year, with the enactments elsewhere only minor parts of budget packages that included spending cuts and other measures besides taxation. On the other hand, many states may run out of such measures after this year, and with next year looking at least as bad for most states, more may resort to higher taxes. Warning: It may then be argued, as CBPP explicitly does in its report, that tax increases on rich individuals and on profi table businesses are better for an economy than spending reductions by government, on the grounds that government relief for the poor passes immediately into the economy to increase demand.▲

~ The State Laws Newsletter

Kansas New Highway Rules Motorists in Kansas face some new rules of the road beginning in July as two new highway safety laws take effect. One law applies only to multilane highways outside the limits of any city. If the highway has at least two lanes in each direction, drivers may use the far left lane only to pass another vehicle, prepare for a left turn or make room for an emergency vehicle. The other new law applies to drivers of vehicles transporting nonhazardous materials. If they are involved in an accident without injury, they must move to the shoulder or the nearest exit. The Kansas Highway Patrol noted that for a year, violating either new law will result in a warning ticket. On July 1, 2010, motorists will face a $60 fi ne.▲

~ Transport Topics

Illinois Adopts New Uniform Law for 80,000-Pound Truck Weight Limit Illinois has joined the 49 other states in adopting a uniform 80,000-pound truck weight limit law for state routes and other local roads. The new weight law, however, will not take effect until January 1, 2010. Currently in Illinois, municipalities can enforce the state’s existing weight limit of 73,280 pounds once trucks travel off interstate highways, where 80,000 pounds are allowed. Under the terms of the new law, if a bridge cannot carry heavy loads, or if a road is subject to stress from freezing and thawing during wintertime, then local governments still may post weights lower than 80,000 pounds.▲

~ Transport Topics

2009 Drivers of the Month

January ~ Joe Mangiaracino FedEx Freight, St. Clair

February ~ Archie McCourt Prime, Springfi eld

March ~ Francis Buzzard Above Par Leasing, Webb City

April ~ Ronald Hoover Prime, Springfi eld

May ~ Jim Patterson Above Par Leasing, Webb City

June ~ Herman Foley Opies Transport, Eldon

July ~ Robert Hussey Wal-Mart Transportation, St. James

ATA Files Brief in Kansas Overtime Case Joining the Kansas Motor Carrier Association, ATA has asked the Kansas Court of Appeals to affi rm a lower court decision that found that a trucking company was not an employer subject to the state’s overtime requirements. Under Kansas law, an employer subject to the federal Fair Labor Standards Act (FLSA) is not considered to be an employer for purposes of the state overtime regime. Nevertheless, a former driver is seeking overtime, arguing that because his motor carrier employer was exempt from having to pay him overtime under the federal law, the carrier is in essence not subject to the federal law. ATA and KMCA argue that an enterprise is either subject to the FLSA or not and the fact that some of its employees are exempt from some of the federal provisions does not change the status of the employer as being subject to the FLSA and thus expressly excluded from the Kansas law in its entirety. ▲

12 motrucking.org

Sitton-Babcock Golf Tournament Wrap Up One hundred golfers enjoyed a glorious Mid-Missouri day at the 17th Annual Sitton-Babcock Golf Tournament held on June 30th

at the Osage National Golf Resort in Osage Beach, MO. This event is a major fundraiser for MMCA’s PAC, Motor Carrier Public Affairs Committee. Because of this event we were able to add approximately $18,000 to our PAC account which will go to help support state legislators who understand and support the trucking industry. It is a real testament to the resilience of this industry that in these economic times this event was on par with any we have had in the last 10 years. Please take a moment to take a look at the list of sponsors of this event and thank them for their support. The results of the event were as follows:

B Flight 1st Place John Cline, Cline Wood Agency Susan Salters, Cline Wood Agency Tim Laske, Climate Express Brian Laske, Climate Express 2nd Place Don Kilian, Cummins Central Power Gary Hey, Kenworth Truck Company Tom Crawford, Missouri Motor Carriers Assn. Ross Nichols, Missouri Motor Carriers Assn.

A Flight 1st Place Terry Raby, T & S Carriers, Inc Steve Raby, T & S Carriers, Inc Charles Fuhr, Stripes & Stuff Randy Angus, Peterbilt of Springfi eld 2nd Place Jim Towery, Steelman Transportation Brett Sheets, Steelman Transportation Jeff Dennis, Dennis Oil Company Skip Wendt, Peterbilt of Springfi eld

Closest to the Pin: Mel Smarr, Remsel Excavating

Longest Drive: Steve Bohlken, Capital Sand Company

Luncheon SponsorsOzarko Tire Center Utley Corporation

Reception SponsorFleming-Babcock

Beverage SponsorFort Worth Freightliner

Award SponsorsAntler Trucking

The Larson GroupWallis Companies

Golf Signs SponsorTruck Signs Design

Hole-in-One Prize SponsorMike Kehoe Ford

Hole SponsorsAbove Par Leasing

Behr, McCarter & Potter, P.C.Bill’s Wrecker Service

Central Power Systems & ServicesCline Wood Agency

Con-WayCross-Midwest Tire

Cummins Central PowerD & D Sexton

Deffenbaugh IndustriesDitzfeld Transfer

FTS DeliveryHarmon Transport

HWP RiggingKallmeyer Bros. Enterprises

Midland Transports

Midwest Block & BrickMidwestern Insurance Alliance

Opies TransportO & S Trucking

Ozark UtilityQuik Trip Distributions

R & R TruckingRebman, Linhares & Beachem, P.C.

River Roads Sales & LeasingSteelman Transportation

Swift CarriersThermo King of Springfi eld

Truck TransportTrux Tractor / Trailer Repair

John WagnerWal-Mart TransportationWitte Bros. Exchange

Xata Corporation

GOLF TOURNAMENT SPONSORS

August 2009 • Missouri Memo 13

Safety Rest Stop by MMCA Council of Safety Supervisors

The last major holiday of the summer season is Labor Day Weekend. The peak driving days are Friday and Monday as most families are trying to get away to visit relatives or a summer attraction.

With the increase in traffi c on this holiday weekend, motorists appreciate the Rest Areas operated by the State Department of Transportation. This provided an excellent opportunity to exchange ideas on safe driving by the industry that represents professional drivers with other highway users. During this holiday weekend, several Council members will be present at the Westbound Boonville Rest Area and the Joplin Welcome Center to discuss safety ideas and demonstrate the “No Zone” areas around a commercial motor vehicle.

Thanks to the generosity of Wal-Mart and Associated Wholesale Grocers, the Council will provide beverages to visitors at the Rest Stop. The Council would like to invite other MMCA members to come out and enjoy the opportunity to visit with travelers and help promote our industry on September 4, 2009 from 8:00 a.m. to 4:00 p.m.

Please contact Ron Breau at ronb@motrucking.org for more information.

PHMSA to Hold Seminar in Springfi eld, Missouri

The Pipeline and Hazardous Materials Safety Administration will hold a seminar at the Lamplighter Inn and Suites in Springfi eld, MO on September 17, 2009 to help familiarize the transportation industry on how to use Title 49 CFR 100-185.

This seminar will provide a good overview of the Hazardous Materials Regulations that will include how to use the regulations, information on shipping papers and what training requirements must be completed by employees of hazardous materials shippers and carriers.

Please go to the Association’s web site for information on this free meeting. The brochure indicates that you need to bring your copy of the Hazardous Materials Regulations to the meeting. If you need a current copy of the regulations, please contact the Missouri Motor Carriers Association at (573) 634-3388.

14 motrucking.org

Don’t forget . . .

Register for the 2009

MMCA / KMCAJoint Convention

www: motrucking.org

Deadline: September 1, 2009

See you in Branson!!